The People of the State of Michigan - - - (Complainants)

VS

William Shimmel - - - (Defendant)

Charles J. Douck

           Cross Examination

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Page 42

 

 

Q

And you didn’t see his face at all?

A

This time?

 

 

Q

Yes, sir.

A

Why I saw him right there where I met him.

 

 

Q

Well as I understood you to say - -

A

(Interrupting)  That he didn’t look up.  Well he didn’t have to, I would know Bill Shimmel.

 

 

Q

And had you known him well?

A

I have sir because I worked around where Bill Shimmel has been, that is I have seen him a good many times.

 

 

Q

And did you remark to the gentleman that was with you who it was?

A

I told him I knew the man but I could not place him.  He made the remark about - - he says, there comes a hobo, I says, no I know that man but I don’t just recollect his name.

 

 

Q

Where did you know him before that?

A

When I worked for Kleis up north of Nunica, I seen him in Sullivan at times and I have seen him in Nunica.

 

 

Q

You worked for Kleis the lumberman over there?

A

Yes, sir.

 

 

Q

Now when you used to know him seven or eight years before that did he have the same appearance that he had at that time?

A

Yes, sir.

 

 

Q

Did he wear any beard?

A

Well sir, sometimes he looked pretty rough, other times he would shave up a little.

 

 

Q

How did he look this night the 23rd?

A

Well sir he had a rough face.

 

 

Q

A rough face?

A

Yes, sir.

 

 

 

Page 43

 

 

Q

And seven or eight years ago did he wear a beard?

A

No, sir, not when I have seen him, that is in the summer.  I have seen him in the winter time when he had a beard on.

 

 

Q

Now will you just state over again for me what kind of clothes he had on.

A

He had on a slouch hat, an old hat as near as I could see.

 

 

Q

Was it pulled down over his eyes?

A

Well a little - - had it kind of drawed down in his eyes, but it was not a real wide rimed hat, just medium, and he had on a dark overcoat but not a long coat, that is if it were an overcoat; as to whether he had an overcoat on I could not say for sure, but if he had an overcoat it was a short one, a short coat, his pants of course was a dark blue

 

 

Q

What color was that overcoat?

A

It was an oldish coat.  What color it had been I couldn’t say.

 

 

Q

It had originally been black, would that be your idea?

A

Why it might have been or a brown.

 

 

Q

This was about half past five or nearer six?

A

It was nearer six than it was five when we met him.

 

 

Q

Now where did you go from there - - went right up to Nunica did you?

A

Yes, sir.

 

 

Q

And what did you do after you got into Nunica?

A

I went down to the factory and tested up my tanks and put on a little salt onto them and went back to Nunica.

 

 

Q

Did you go back with the same man?

A

No, sir.

 

 

Q

How did you go back?

A

I went back on the electric car.

 

 

 

Page 44

 

 

Q

On the interurban?

A

Yes, sir.

 

 

Q

And did you hear any talk in Nunica while you were there in this saloon - - what is this gentleman’s name - - Simmer’s saloon?

A

Hear anything?

 

 

Q

I say did you go into Simmer’s saloon?

A

Yes, sir, I was there until my car come.

 

 

Q

And did you go into this other saloon there, Hass?

A

No, sir.

 

 

Q

You didn’t go in there?

A

Not that evening, no, sir.

 

 

Q

About what time were you in Simmer’s saloon?

A

Well sir I must have got in there something like twenty minutes before car time, something just about seven o’clock.

 

 

Q

And you took the seven o’clock car back, did you?

A

I took the 7:19

 

 

Q

Now when you went back on this car, did this car stop at Denison?

A

This car?

 

 

Q

Yes, sir, the car that you went back on?

A

Well it stopped at the crossing that I am quite positive of.

 

 

Q

What crossing?

A

East of Denison.  There was some party got off there.  Who it was I couldn’t say.

 

 

Q

And at that time in April it was quite dark wasn’t it about six o’clock?

A

No, sir.

 

 

Q

Wasn’t it?

 

 

 

Page 45

 

 

A

No, sir.

 

 

Q

What time did it get dark?

A

Why it must have got dark somewhere in the neighborhood of half past.

 

 

Q

Half past six?

A

It must have been that day.  I know it was too dark to test my tanks by day light, I had a light, a lantern, to test them by and I went right down as quick as we struck Nunica.

 

 

Q

Which end of the car, if you remember, did this party get off there at the crossing?

A

Why they get off from the hind end always, they never let them off from the front end.

 

 

Q

Don’t say?

A

No, sir.

 

 

Q

Don’t they let them off from the front end of the smoker?

A

No, sir, not on the road.

 

 

Q

They don’t?

A

No, sir.

 

 

Q

And they got off from the hind end did they?

A

Certainly.

 

 

Q

Was that a woman or a man?

A

I couldn’t tell you.

 

 

Q

You didn’t pay any attention?

A

No, I know there was somebody got off there, I looked around at the time it stopped and I didn’t see anybody get on as I know of.

 

 

Q

How far is that from Denison?

A

Well I should think it would be about twenty rods from that

 

 

 

Page 46

 

 

A

crossing, fifteen or twenty, something like that.

 

 

Q

Well does the car run right through Denison?

A

It runs right by it, it runs to the north of it.

 

 

Q

This crossing is not the nearest place to it?

A

No, there is a crossing right there by Kuneys, is the nearest I think.

 

 

Q

If anybody was going to Denison, if they didn’t care who saw them, wouldn’t they get off at that place?

A

Well that depends a good deal on the time of day.

 

 

Q

Well at this time of night.

A

Well it wouldn’t make much difference, one place is just about as large as the other, there is people living at both places, both crossings.  I would not have any choice if I was to get off.

 

 

Q

But you haven’t any recollection of who it was or what they looked like or whether it was a man or woman?

A

No, sir.

 

 

Q

Where did you sit in the car when you went back?

A

I sat in the smoker.

 

 

Q

The front end?

A

Yes, sir.

 

 

Q

Were there many people in there?

A

There was quite a few, not many, not many on the car that night.

 

 

Q

Do you know a Frenchman by the name of Joe Mayo?

A

I have seen him, I am not acquainted with him.

 

 

Q

Did you see him on this day the 23rd day of April?

A

I saw him in Coopersville after I got back.

 

 

Q

Will you describe what he had on if you can?

A

Well sir I don’t know as I could, I didn’t pay any particular